ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 29, 2014 No. 1038

About approval of the second periodic National report of the Republic of Kazakhstan within the Universal periodic overview on human rights

According to the subitem 15 a) of appendix to the resolution 5/1 of Council of the United Nations for human rights the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed second periodic National report of the Republic of Kazakhstan within the Universal periodic overview on human rights.

2. To the Ministry of Foreign Affairs of the Republic of Kazakhstan in accordance with the established procedure to send to the Secretary general of the United Nations the second periodic National report of the Republic of Kazakhstan within the Universal periodic overview on human rights.

3. This resolution becomes effective from the date of its signing.

Approved by the Order of the Government of the Republic of Kazakhstan of September 29, 2014, No. 1038

The second periodic National report of the Republic of Kazakhstan within the Universal periodic overview on human rights

1. Methodology

1. This Universal periodic overview on human rights (further - the overview) covers the period from 2010 to 2013.

2. Results of implementation of the recommendations provided following the results of the National report of the Republic of Kazakhstan within the Universal periodic overview on human rights for 2010 are covered in the overview.

3. In the analysis the official documents accepted by state bodies, the statistical data, Articles, reports and other materials received from official sources, including, the websites of state bodies and non-governmental organization were used (further - NGO).

4. In the course of preparation of the overview the training, series of consulting seminars with participation of officials of state bodies, Development programs of the United Nations (further - the UN), NGO and foreign experts were provided.

5. It is necessary to consider that this report was prepared taking into account that the Republic of Kazakhstan refrained from implementation of the following recommendations: 97.1., 97.2., 97.3., 97.4., 97.10., 97.12.

2. The overview of institution mechanisms, implementation of the Parisian principles in the national legal system of the Republic of Kazakhstan

Recommendations 95.5, 95. 6, 95.15 - 95.20, 95.23 - 95.25, 95.33

6. In 2012 the Commissioner for Human Rights received the status "In" (incomplete compliance) in the International coordinating committee of national human rights institutions. In general, activities of the Commissioner for Human Rights fully correspond to number of the Parisian principles. In particular, Commissioner for Human Rights:

1) affirms the President in coordination with chambers of Parliament, the regulating document the exhaustive list of the bases of release of the Commissioner for Human Rights from position is listed;

2) it is allocated with competence to request any information concerning human rights and freedoms from officials, to visit the organizations including closed for the purpose of carrying out monitoring, in the cases having great social significance to address the President, Parliament and the Government;

Receives 3) and considers addresses from all territorial units, including by means of the Internet resource. Now study of question of organization of regional representative offices of the Commissioner for Human Rights is conducted;

4) submits recommendations to state bodies. Besides, all addresses and the recommendations submitted to the Commissioner for Human Rights that guarantees control over their realization find reflection in the annual activities report sent to the President of the republic;

5) actively cooperates on the widest range of questions, as with institutes of civil society, and the international organizations;

6) its activities are publicly and widely lit in mass media (further - media) and on pages of the official site (www.ombudsman.kz);

7) participates in preparation and discussion of projects of regulatory legal acts in the sphere of human rights at the level of development and acceptance by Parliament;

8) considers individual claims to human rights violations;

9) is initiated by consideration of cases of human rights violations;

10) in the activities it is independent and is not under supervision of any body legislative, judicial authority and executive power, is not their part and does not treat their structures;

11) its annual report is published in printing and is in open entry on the website.

7. The Commissioner for Human Rights pays much attention to interaction with NGO. The steady cooperation with such organizations as the Kazakhstan international bureau on human rights and respecting the rule of law, the Coalition of NGO of Kazakhstan against tortures, Coordination council of Public monitoring commission is set up.

8. According to Item 11 of the Actions plan of the Government of the Republic of Kazakhstan on implementation of recommendations of state members of the UN within the Universal periodic overview on human rights for 2011 - 2014 approved by the order of the Government of the Republic of Kazakhstan of October 13, 2011 No. 1165, the Commissioner for Human Rights together with the Ministries of Foreign Affairs and justices, the Prosecutor General's Office prepares offers in Administration of the President of the Republic of Kazakhstan on implementation of the recommendation of Council of the UN for human rights of reduction in compliance with the Parisian principles of the status of the Kazakhstan ombudsman.

9. In 2013 tendencies of expansion of powers of the Commissioner for Human Rights were observed. So, in the Penitentiary code of the Republic of Kazakhstan and other legal acts for the Commissioner for Human Rights powers of the coordinator were fixed in the system of the national preventive mechanism aimed at providing human rights protection, and the prevention of tortures in penal and other institutions of strict content.

10. As of May 12, 2014 recommendations of the National plan for human rights were realized in practice for 80 percent. Other recommendations are in process of execution.

11. Under the Government of the Republic of Kazakhstan the Coordination council on interaction from NGO is created. Councils on cooperation with NGO are effective under the ministries of the social block, akims of all levels. The total quantity of advisory advisory bodies constitutes about 300.

3. International cooperation

Recommendations 95.8, 95. 97, 95.98, 95.99, 97.6

12. The Republic of Kazakhstan on permanent basis performs cooperation with national human rights communities and the organizations of Slovenia, Norway, Ukraine, Qatar, Finland, Switzerland, Germany, Kyrgyzstan, Russia, Tajikistan, the United States of America and many others.

13. Besides, the cooperation with United Nations bodies and other international organizations in the sphere of human rights, in particular with Management of the UN High Commissioner for human rights and its regional representative office in Central Asia, Office of the UN in Astana, UNICEF and other United Nations bodies, the OSCE Center in Astana, Bureau on democratic to institutes and human rights and other structural divisions of OSCE, the Asia-Pacific forum of national human rights institutions, the Organisation of Islamic Cooperation, Human Rights Watch, Amnesty International, Freedom House, the Norwegian Helsinki committee, the Center of the world and human rights of Oslo, human rights institutions of Slovenia, Norway, Ukraine, Qatar, Finland, Switzerland, Germany, Kyrgyzstan, Russia, Tajikistan, the United States of America and many others is actively conducted.

14. At the moment Kazakhstan was visited by 8 special rapporteurs of the UN: on independence of judges and lawyers L. Despui (2004), on human rights and terrorism M. Sheining (2006), on the issue of tortures M. Novak (2009), concerning minorities G. McDougall (2009), on sufficient housing R. Rolnik (2010), on right to education K. Singh (2011), on modern forms of slavery, including its reasons and consequences G. Shakhinyan (twice in 2012 and 2014), on freedom of religion or beliefs of X. Bilefeldt (2014).

15. In 2014 visits of 2 mandate-holders are also planned: on right to liberty of peaceful assemblies and M. Kiai's associations and on consequences for human rights of ecologically reasonable regulation and removal of dangerous substances and M. Palmaerts's waste.

4. Normative and institutional aspects of protection and promotion of human rights

Right to life

Recommendations 95.41, 97. 15, 97.16, 97.17, 97.18

16. In Kazakhstan the moratorium on capital punishment is effective to this day.

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